THIPPAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in S.C.No.207/2022, pending before the Court of Additional District and Sessions Judge, FTSC-I at Davanagere arising out of Crime No.189/2022 registered by the Jagalur Police, Davanagere for the offences punishable under Ss. 498(A), 304(B), 306, 376 read with Sec. 34 of IPC also under Ss. 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 and under Ss. 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court under Sec. 439 of Cr.P.C., seeking regular bail.

(2.) Heard the learned counsel for the parties.

(3.) On the complaint of Smt. Jayamma w/o Veerabhadrappa, Jagalur Police, Davanagere have registered FIR in Crime No.189/2022 initially for the offences punishable under Ss. 498A, 302, 304B, 34 of IPC against one Nagaraja and the petitioner herein. The petitioner was arrayed as accused No.2 in the FIR. In the complaint it is averred that the complainant's daughter, aged about 22 years was married to accused No.1-Nagaraja about two years prior to the date of complaint. It is alleged in the complaint that accused No.1-Nagaraja and petitioner who is elder sister of accused No.1 were torturing and harassing the daughter of complainant and were demanding to bring dowry from her house. This was informed to the complainant by her daughter over phone. The complainant and her husband had requested the accused persons not to torture and harass their daughter and assured that they would meet the demand of accused persons. On 14/8/2022, when the complainant was at Hassan, her brother-in-law-Kollappa had telephoned her and informed that her daughter had died. Immediately, the complainant went to the house of her daughter. She suspected that the accused persons have hanged her daughter and caused her death and accordingly, had lodged the complaint, based on which, FIR in Crime No.189/2022 was registered by the Jagalur Police. During the course of investigation, the accused persons were arrested. The petitioner was arrested on 16/8/2022. After completion of the investigation, charge sheet has been filed and petitioner is arrayed as accused No.2 in the charge sheet. Her bail application filed before the Additional District and Sessions Judge, FTSC-I, Davanagere in S.C.No.207/2022 was dismissed on 1/2/2023. It is under these circumstances, the petitioner is before this Court.